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HomeMy WebLinkAbout07-2311JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant LISA MILLIGAN, Plaintiff VS. GEOFFREY DUNKLE, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ` v 7- a3! I l u L CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Lisa Milligan, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Lisa Milligan, is an adult individual currently residing at 24 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant, Geoffrey Dunkle, is an adult individual currently residing at 981 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. There is one dependent child from the relationship of the parties, namely Olivia Dunkle, born February 17, 2002, hereinafter referred to as the child. 4. The child was not born out of wedlock. The parties were divorced from each other on July 7, 2004. 5. The child is presently in the custody of Plaintiff, who resides at 24 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania, 17015. 6 7 During the past five (5) years, the child has resided with the following persons at the following addresses: Name Plaintiff Plaintiff's husband Plaintiff's son (Seth) Address 24 Farmhouse Lane Carlisle, PA 17015 Dates 2/07 to present* Plaintiff Plaintiff's husband Plaintiff's son (Seth) Plaintiff's sister 24 Farmhouse Lane Carlisle, PA 17015 Defendant 981 Hummel Avenue Defendant's fiance (Erin) Lemoyne, PA 17043 Defendant's fiance's son (Tyler) Plaintiff Plaintiff's husband Plaintiff s son 365 S. Middlesex Road Carlisle, PA 17015 Plaintiff Plaintiff's husband Plaintiff's son Plaintiff Defendant 6585 Carlisle Pike Mechanicsburg, PA 17050 981 Hummel Avenue Lemoyne, PA 17043 12/06 to 2/07* 6/06 to present* 5/06 to 12/06 5/02 to 5/06 2/02 to 5/02 *Since June of 2006, the parties have alternated physical custody of the child such that Father exercises custody of the child on alternating weekends from Friday through Wednesday and alternating weekdays from Monday through Wednesday. The result is that the parties each have the child overnight for 7 nights out of every 14. Plaintiff is the natural mother of the child and she currently resides at 24 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania, 17015. She is married to her husband, Scott A. Milligan. 2 8. Defendant is the natural father of the child and he currently resides at 981 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. It is Plaintiff's understanding that although Defendant is currently single, he is scheduled to be married on April 21, 2007. 9. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with her husband, Scott A. Milligan, their son, Seth Milligan, and the subject child. 10. The relationship of Defendant to the child is that of natural father. Defendant currently resides with his fiance, Erin Sullivan, and her son, Tyler Sullivan. 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical and shared legal custody of her daughter. 15. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 3 WHEREFORE, Plaintiff, Lisa Milligan, respectfully requests this Honorable Court to grant her primary physical and shared legal custody of her daughter. Respectfully Submitted: Date: By: ANNE B. COSTOPOUL., SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 V14 a 7 Attorney for Plaintiff 4 I VERIFICATION I, Lisa Milligan, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Lisa Milligan 1 ell V R? /rpm` w s ? ?? U LISA MILLIGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GEOFFREY DUNKLE DEFENDANT 07-2311 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at ^ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 16, 2007 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John-1 Mangan, Jr., Esp. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? i?IU?r ?> i L wJ :,'Hi JO 3^IdjO-CJ31 H LISA MILLIGAN, Plaintiff vs. GEOFFREY DUNKLE, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-2311 CIVIL ACTION - AT LAW CUSTODY AFFIDAVIT OF SERVICE since:, , iat .r.i3 me dace and rinxe indicated oeiow i personally hand-delivered upon the person whom I know to be Geoffrey Dunkle, Defendant above, true and correct copies of the following documents: 1) Letter to Geoffrey Dunkle from Jeanne B. Costopoulos, Esquire, dated May 2, 2007. 2) Complaint in Custody, date-stamped April 20, 2007, with attached certified Order of Court dated April 26, 2007, scheduling a Pre-Hearing Custody Conference before John J. Mangan, Jr., Esquire, the Custody Conciliator, on Wednesday, May 16, 2007, at 3:00 p.m. on the 4t` floor of the Cumberland County Courthouse. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By: ,> U r, ,1! - Signature Name: F. Lv-C (N No (Print name) Address: i?, O , No. Y_ - _ ?' ? ?rz rvtr, r?sbb,? r . ?. S '? o R a Date: 5-, t; ' 6-7 Time: S : 4 1 P. fM -? -:-? ?. ?- ' :-;;t '=• r . :? , ? _? ? cf? LISA MILLIGAN, Plaintiff VS. GEOFFREY DUNKLE, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-2311 CIVIL ACTION - AT LAW CUSTODY AFFIDAVIT OF SERVICE xxn uTiuctS Yic?: tcT i}y lyili CS ii(Yl? SWW: .:14L 011 iJl Uaw and. tune indicaLed below 1 personally hand-delivered upon the person whom I know to be Geoffrey Dunkle, Defendant above, true and correct copies of the following documents: 1) Letter to Geoffrey Dunkle from Jeanne B. Costopoulos, Esquire, dated May 2, 2007. 2) Complaint in Custody, date-stamped April 20, 2007, with attached certified Order of Court dated April 26, 2007, scheduling a Pre-Hearing Custody Conference before John J. Mangan, Jr., Esquire, the Custody Conciliator, on Wednesday, May 16, 2007, at 3:00 p.m. on the 4th floor of the Cumberland County Courthouse. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: C? (U r, .? _ .? Signature Name: _ `Q F. L c1-C t A No (Print name) Address: P'O NO ? .?'? r?2?s nrs? ? r,?, c? o R n Date: S c) - 677 Time: S• 4 1 R m C7 ? -.n z? LISA MILLIGAN, VS. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA GEOFFREY DUNKLE, Defendant : NO. 07-2311 CIVIL ACTION CUSTODY PETITION FOR SPECIAL RELIEF 1. On April 20, 2007, the above captioned Plaintiff filed a Custody complaint. 2. A custody conference was held on May 16, 2007. 3. Both Plaintiff, Defendant and their Attorneys attended the conference. 4. The conciliator assigned to the conference was John J. Mangan, Jr. 5. On June 21, 2007, more then 1 month after the conference, the undersigned telephoned the office of Attorney Mangan and asked that a report from the conference officer be produced. 6. To date (July 13, 2007) Attorney Mangan has not issued a conference report. 7. To date, no temporary Order has been entered by the Court. 8. At the May 16, 2007 custody conference Lisa Milligan made intentional misrepresentations to the Conference officer that she and Geoffrey Dunkle shared physical custody of Olivia, the parties' minor child. 9. Geoffrey Dunkle told the conference officer that he was the primary physical custodian of Olivia. 10. At the conference, on more then one occasion, the undersigned asked the conference officer to document in detail in his conference summary report the days Lisa Milligan was claiming she picked Olivia up from daycare and the evenings she said she supposedly had Olivia. 11. The undersigned knew that what Lisa Milligan was telling the conference officer was not what Geoffrey Dunkle was telling the undersigned the physical custody arrangement was and the undersigned believed at the custody conference that what Lisa Milligan was saying would conflict with information which the undersigned would later obtain from the daycare facility after the custody conference. 12. For several weeks the undersigned has been in possession of records from the daycare facility which prove conclusively that Lisa Milligan made false and material misrepresentations to the conference officer as to when she had physical custody of Olivia. 13. By making false and material misrepresentations to the conference officer, Lisa Milligan obtained a verbal recommendation from the conference officer that from the point of the conference forward the parties should split physical custody of Olivia on a 50% - 50% basis. 14. The parties have been following the recommendation of the conference Order even though no Court Order has been issued to date implementing the 50% - 50% recommendation of the conference officer in reference to physical custody of Olivia. 15. Essentially, the conference officer said he did not know who to believe as far as who was getting physical custody of Olivia at what times - or at a minimum, he did not want to take a position as to who he believed the primary custodian of Olivia was. 16. By making false and material misrepresentations to the conference officer, Lisa Milligan altered the existing physical custody arrangement of Olivia which she and Geoffrey Dunkle had put into effect on their own and which was in effect for well over a year. 17. Altering the physical custody arrangement of Olivia has not been in the best interests of Olivia. 18. By making false and material misrepresentations to the conference officer, Lisa Milligan gained an unfair but significant advantage in these custody proceedings. 19. Initially, after the conference, the undersigned waited for the conference summary to be issued so the undersigned would be able to show the Court the conference summary "side by side" with the daycare records so the Court could see for itself the misrepresentations made by Lisa Milligan. 20. Geoffrey Dunkle can wait no longer to request relief from the Court and must file this petition without having the conference summary in his possession. 21. In addition to the issue of returning Olivia to the physical custody arrangement she had prior to the May 16, 2007 custody conference, there is the issue of where Olivia will go to school starting in late August of this year. 22. From 2005 to the May 16, 2007 custody conference, who had physical custody of Olivia can be described as follows: i. Generally, starting in year 2005 and ending Tuesday, September 5, 2006, Geoffrey Dunkle had physical custody of Olivia every Sunday, starting late afternoon or early evening, through Thursday during the day. Geoffrey Dunkle would also have physical custody every other weekend - the weekend being Friday and Saturday night. ii. From Wednesday, September 6, 2006 through and including Wednesday, October 18, 2006, Geoffrey Dunkle had physical custody of Olivia every Sunday, starting late afternoon or early evening, through Wednesday during the day. Geoffrey Dunkle would also have physical custody every other weekend - the weekend being Friday and Saturday night. iii. From Thursday, October 19, 2006, up until the time of the Thursday, May 16, 2007 custody conference, Geoffrey Dunkle had physical custody of Olivia every Sunday, starting late afternoon or early evening, through at least Thursday during the day and usually through Friday during the day. During this time period (Thursday, October 19, 2006 to Thursday, May 16, 2007), Geoffrey Dunkle also had physical custody of Olivia every other weekend, such that when Olivia spent Thursday nights with Geoffrey Dunkle and the weekend with Geoffrey Dunkle, there was no interruption of time when Geoffrey Dunkle had physical custody of Olivia. WHEREFORE, Geoffrey Dunkle requests the Court: 1. Schedule an emergency hearing for the purpose of allowing Geoffrey Dunkle to show the Court the material misrepresentations Lisa Milligan made to the custody conference officer; 2. Order that the parties return to the primary physical custody schedule which existed prior to the May 16, 2007 custody conference, pending further hearing and/or Order of Court; 3. To make a determination where Olivia will go to school later this year; and 4. Direct that Attorney Mangan issue to the Court his conference summary report prior to the emergency hearing scheduled in this matter. YOFFE & YOFFE, P.C. r sy N. YOFF QUIRE Attorney for Geoffrey Dunkle 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon. net LISA MILLIGAN, Plaintiff Vs. GEOFFREY DUNKLE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 07-2311 CIVIL ACTION CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: 7 13 ?? G FREY DUNKLE LISA MILLIGAN, VS. Plaintiff GEOFFREY DUNKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2311 CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached Petition for Special Relief on the individuals listed below. Service was made by e-mailing the same at the e-mail address indicated. John J. Mangan, Jr., Esq. jmangan@earthlink.net Jeanne B. Costopoulos, Esq. jbclegal@aol.com YOFFE & YOFFE, P.C. Date: July 14, 2007 By Y N. YOFFE, ESQUIRE Attorney for Geoffrey Dunkle 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net ;•- ? ? -n -r, <-- t--- ? O G -? ±? _ f C,J ',? ._.... - 7 JUL 17 2007 q/ LISA MILLIGAN, ; IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 07-2311 GEOFFREY DUNKLE, Defendant CIVIL ACTION CUSTODY ORDER AND NOW, this day of 4-q 6u'-' , 2007, in consideration of the Petition for Special Relief filed by Geoffrey Dunkle, it is hereby Ordered that a hearing on said Petition is scheduled for the /0"-'* day of , 2007 at oZ ' ?d avr:/p.m. in Courtroom # in the Cumberland County Courthouse, "t, V7":- te,` J u 4.. CJ;'ld BY THE COURT ,C o? >- co LtJ ! [_L LL G1 C-i 62 AUG 0 6 2007 $ LISA MILLIGAN, VS. Plaintiff GEOFFREY DUNKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2311 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this day of August, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Cstody Conciliation Conference. A Custody Hearing is hereby scheduled on / day of l6&F-&, 2007 at arn/im in Courtroom number _'? in the Cumberland County Court of Common Pleas, Carlisle, PA 17013. 2. The Mother, Lisa Milligan and the Father, Geoffrey Dunkle, shall enjoy shared legal custody of Olivia Dunkle, born February 17, 2002. The parties agree that major non-emergency decisions concerning the child's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmoniously policy in the child's best interest. 3. The Mother and Father shall share physical custody of the Olivia Dunkle on a week on/week off basis from Sunday 1:00 pm through Sunday 1:00 pm. 4. Transportation: The non-custodial parent shall pick up and transport Olivia unless the parties mutually agree to some alternative. 5. Mother and Father shall employ appropriate car seats/restraints for the Child during transportation. 6. Telephone contact between Olivia Dunkle and the non-custodial parent shall be liberal as agreed upon between the parties. 7. In the event that the custodial party is in need of a babysitter for a weekend, the custodial parent shall contact the non-custodial parent and offer said babysitting opportunity to the non-custodial parent. 8. Mother and Father shall not engage in any disparaging language with the Child that would negatively affect the Child's love and affection for the other parent. 9. Father shall have Memorial Day and Mother shall have the Fourth of July with Olivia, the times to be agreed upon by the parties. 10. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. BY THE COURT, J. Distribution: e B. Costopoulos, Esc tey N. Yoffe, Esq. J. Mangan, Esq. J LISA MILLIGAN, Plaintiff VS. GEOFFREY DUNKLE, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2311 CIVIL ACTION - AT LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this day of g w. , 2007, following a brief hearing, it is hereby Ordered that, pending the hearing currently scheduled on October 18, 2007, the child shall attend kindergarten in the Cumberland Valley School District. All remaining provisions of this court's prior order dated August 7, 2007 shall remain in full force and effect. Distribution: /-,,= B. Costopoulos, Esquire erey N. Yoffe, Esquire V BY THE COURT: P4 ??? 99t LISA MILLIGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-2311 CIVIL GEOFFREY DUNKLE, Defendant ORDER AND NOW, this / 14 day of October, 2007, after hearing, it is ordered and directed that: 1. LEGAL CUSTODY A. The parties shall have shared legal custody of Olivia Dunkle, born February 17, 2002. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including education, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. B. As soon as practical after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the child with health care providers sufficiently in advance thereof so that the other party can attend. C. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this agreement. y ?, J 9S •L A zZ 100 LOOZ AdV1GI:iii E.Oc"d 3HI J0 NO. 07-2311 CIVIL 2. PHYSICAL CUSTODY A. Physical custody: Primary physical custody of Olivia, as that term is defined in the Custody Act, shall be shared on a week on/week off basis from Sunday at 1:00 p.m. through Sunday at 1:00 p.m. 3. HOLIDAYS The parties shall share custody of the child on major holidays as follows: A. Easter: Father shall have custody of the child in all odd-numbered years and Mother shall have custody in all even-numbered years on Easter Day from 9:00 a.m. until 7:00 p.m. B. Memorial Day: Father shall have custody of the child in all odd-numbered years and Mother shall have custody in all even-numbered years from Memorial Day Eve at 1:00 p.m. until Memorial Day at 7:00 p.m. C. Jubilee Day: Mother shall have custody of the child in all even-numbered years and Father shall have custody in all odd-numbered years on Jubilee Day from 9:00 a.m. until 7:00 p.m. D. Independence Day: The Independence Day holiday shall run from July 3Td at 7:00 a.m. until July 5th at 9:00 a.m. Mother shall have custody of the child over the Independence Day holiday in odd-numbered years and Father shall have custody in even-numbered years. E. Labor Day: Father shall have custody of the child in all odd-numbered years and Mother shall have custody in all even-numbered years from Labor Day Eve at 1:00 p.m. until Labor Day at 7:00 p.m. 2 NO. 07-2311 CIVIL F. Trick or Treat Night: Father shall have the child on the evening set as Trick or Treat night in his local neighborhood from 5:00 p.m. until 9:00 p.m. Mother shall have the child on the evening set as Trick or Treat night in her local neighborhood from 5:00 p.m. until 9:00 p.m. In the event that Trick or Treat night is on the same date in both Mother and Father's respective neighborhoods, then Mother shall have custody in all odd-numbered years and Father shall have custody in all even-numbered years on the evening designated as his or her neighborhood's Trick or Treat night from 5:00 p.m. until 9:00 p.m. G. Thanksgiving: Mother shall have custody of the child in all odd-numbered years and Father shall have custody in all even-numbered years from Thanksgiving Eve at 7:00 p.m. until Thanksgiving Day at 7:00 p.m. H. Christmas: Father shall have custody of the child in all odd-numbered years and Mother shall have custody in all even-numbered years from Christmas Eve at 4:00 p.m. until Christmas Day at 12:00 noon. Mother shall have custody of the child in all odd-numbered years and Father shall have custody in all even-numbered years from Christmas Day at 12:00 noon until the day after Christmas at 7:00 p.m. 1. Mother's Day/Father's Day: Mother shall have custody of the child every Mother's Day and Father shall have custody of the child every Father's Day from 9:00 a.m. until 7:00 p.m. J. The holiday schedule shall supersede and take precedence over the regular custody schedule. 3 0 NO. 07-2311 CIVIL 4. TRANSPORTATION The non-custodial parent shall pick up and transport Olivia unless the parties mutually agree to some alternative. 5. TELEPHONE CALLS Telephone contact between Olivia and the non-custodial parent shall be liberal as agreed upon between the parties. 6. DISPARAGING REMARKS Each of the parties and any third party in the presence of Olivia shall take all measures deemed advisable to foster a feeling of affection between Olivia and the other parent. Neither party shall do, nor shall either parent permit any third person to do, or say anything which may estrange Olivia from the other parent, their spouse or relatives, or injure Olivia's opinion of the other party or which may hamper the free and natural development of Olivia's love and respect for the other parent. Neither parent shall initiate any comment or discussion with Olivia regarding custody or support or other issues between the parties without the consent of the other parent. 7. MODIFICATION OF ORDER The parties agree to make reasonable efforts to accommodate their schedules. They may modify custody at any time if such modification is mutually agreed upon. If no mutual agreement can be reached, then both parties will strictly adhere to the terms of this Order. Any modifications to this Order will be interpreted as temporary and will not act as a permanent waiver unless 4 NO. 07-2311 CIVIL executed in writing with the same force and effect as this Order. BY THE COURT, Jeanne Costopoulos For the Plaintiff Jeffrey Yoffe, Esquire For the Defendant Am ?a i'?s m